Module 1 : DL08: Investigating & Charging in Disciplinary Hearings
Disciplinary hearings are a common occurrence in the workplace and part and parcel of the manager and shop steward’s daily functions. Employees and employers alike are entitled to fair labour practices and to escape a reinstatement or compensation award in the CCMA.
This three-hour online workshop should be attended by chairpersons, complainants, managers, HR and ER managers and practitioners, legal advisers, shop stewards, and union representatives.
Course Outline / Modules / Sessions
Module 1 Session 1:
- Schedule 8 – Code of conduct on misconduct
- Fair reason for dismissal
- Fair procedure
- Disciplinary measures short of dismissal
- Role of your disciplinary code and procedures
- Role Players in disciplinary process
Module 1 Session 2:
- Reporting misconduct
- How is misconduct reported?
- Who must investigate?
- Deciding on formal or informal procedure to follow.
- Investigating the misconduct
- The investigation diary
- Consulting witnesses and drafting statements
- Sources of evidence.
Module 1 Session 3:
- Deciding on the charges
- How to draft charges and how to charge an employee
- Compounding and splitting of charges
- Pitfalls to avoid when charging employees
- Notice of disciplinary hearing
- Pitfalls and Evidentiary tools